USTIF Outside Counsel

The Pennsylvania Insurance Department, Office of Liquidations, Rehabilitations and Special Funds is requesting proposals for outside counsel legal services for the Underground Storage Tank Indemnification Fund under RFP OGC-2026-23, with proposals due October 9, 2026 at 4:00 p.m. The Commonwealth intends to make limited multiple awards to the highest-evaluated law firms. A 16% combined Small Diverse Business and Veteran Business Enterprise participation goal applies; bidders must either meet this goal through DGS-verified SDB or VBE subcontractors, or a combination of both, or demonstrate good faith efforts and obtain an approved waiver. Failure to meet the goal or obtain waiver results in bid rejection.

The scope includes providing coverage opinions, legal support, and representation of the USTIF and Tank Installers Indemnification Program in defending claims brought directly against these entities or the USTIF Board; representing their interests in claim resolution covering participant coverage claims, third-party property damage and bodily injury claims, and subrogation matters; and performing other general work designated by the Chief Counsel or Governor's Office of General Counsel. Law firms must demonstrate substantial qualifications in environmental law, administrative proceedings, and litigation, with specific expertise in Underground Storage Tank Fund claims, the Storage Tank and Spill Prevention Act, Clean Streams Law, and federal RCRA regulations. All proposed attorneys must be Pennsylvania Supreme Court-admitted.

The contract commences on execution and continues for one year with Commonwealth options to renew for up to two additional years. Compensation will be negotiated following evaluation and ranking; cost proposals use fixed hourly rates evaluated on 1,000 estimated hours per year, though actual hours may vary. Evaluation is weighted 75% technical (understanding of problem, prior experience, personnel qualifications, and soundness of approach) and 25% cost. Proposals scoring below 75% of available technical points are deemed non-responsible and ineligible for cost evaluation. Written questions are due September 25, 2026 at 4:00 p.m., with answers posted by September 29, 2026 at 4:00 p.m. Bidders must submit separate sealed technical, SDB/VBE participation, and cost submittals with a completed proposal cover sheet.